Today’s questions: When do the police have to read my Miranda rights? What happens if I’m arrested, but the cops never read me my rights? What is Miranda v. Arizona and the Miranda Warning? If I’m Mirandized, how do I invoke my rights? Can the cops take me to jail without reading me my rights? This episode is all about Miranda Warnings explained and the right to remain silent. The Armed Attorneys break down when you have to be read Miranda warnings and how to protect yourself by invoking your rights!
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Armed Attorneys and today we are talking about when the police have to read you your Miranda Rights and whether they have to read them at all… to kick things off lets talk about what miranda is and why it is important in short, Miranda dosnt effect a police officer’s ability to arrest you take certain investigatory paths, it really is a evidentiary rule, effecting what evidence is admissible at trial i hear a lot of clients say “they didnt read me my rights” and that may effect something at trial but for purposes of arrest… it doesn’t get you un-arrested or un-charged with a crime or you get to go free or anything like that What miranda really deals with is… kind of a two-factor test were you arrested and were you being interrogated at the time. So could you tell us a little bit about what being in custody looks like? yea, so custody is determined on a totality of the circumstances basis. which means there is no one-size-fits-all answer … we do know if you are being integrated, in an interrogation room, at a police station, you are very likely in custody. if you have been placed under arrest, you are very likely in custody, almost assuredly but handcuffs on their own don’t necessarily mean you are in custody, being in a squad car doesn’t necessarily mean you are in custody you could be detained for the purposes of investigation and Miranda hasn’t been triggered because you are not technically in custody really this is a test that sways in favor of the government and the state almost every time everything they get to do basically up until the point that you are under arrest in an interrogation room is probably not custodial yes the police have to read you your miranda warnings, we’ve got our first part knocked out, when you are in custody and the second key component that has to be going on is, you have to be interrogated asking you questions about the investigation or which may lead to the discovery of evidence one of the biggest pitfalls we see, we see two pitfalls, first, the person is not actually in custody, so they are talking about the incident information would be admissible at trial. and the second one, is, as it relates to the second key point, which is, theyre not being interrogated lets say you are sitting in the back of a squad car, handcuffed, door closed, closed, youre under arrest there is no question you are in custody but no one is asking the arrested person questions, they are just volunteering information, talking to themselves or talking to the camera inside the car, essentially, because that is how it is coming into court because those aren’t the subject matter or an interrogation that material is likely going to be admissible in a court now, if youve stuck around this long, this is the most important part of this video and its our pro tip of the day about how to invoke your right to remain silent Will you talk to us about that Emily Yea, so the Supreme Court has said that in order to property invoke your rights you have to do so unequivocally you have to say “I invoke my right to remain silent” other Miranda rights, you have to say, im invoking my right to an attorney, you cant just stay silent … something like “maybe i should stay silent” or “i dont think i want to talk to you anymore” thats not enough either it it is not affirmative and unequivocal what you need to commit to memory is if you are even put in this situation, you have to say “i invoke my right to silence…
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